Texas 2021 - 87th Regular

Texas Senate Bill SB2182 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2182
	1	+	By: Creighton S.B. No. 2182
	2	+	(Toth)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Montgomery County Water Control and
6	8		Improvement District No. 205; granting a limited power of eminent
7	9		domain; providing authority to issue bonds; providing authority to
8	10		impose assessments, fees, and taxes.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle I, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 9082 to read as follows:
12	14		CHAPTER 9082. MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT
13	15		DISTRICT NO. 205
14	16		SUBCHAPTER A. GENERAL PROVISIONS
15	17		Sec. 9082.0101. DEFINITIONS. In this chapter:
16	18		(1) "Board" means the district's board of directors.
17	19		(2) "Commission" means the Texas Commission on
18	20		Environmental Quality.
19	21		(3) "Director" means a board member.
20	22		(4) "District" means the Montgomery County Water
21	23		Control and Improvement District No. 205.
22	24		Sec. 9082.0102. NATURE OF DISTRICT. The district is a water
23	25		control and improvement district created under Section 59, Article
24	26		XVI, Texas Constitution.
25	27		Sec. 9082.0103. CONFIRMATION AND DIRECTOR ELECTION
26	28		REQUIRED. The temporary directors shall hold an election to
27	29		confirm the creation of the district and to elect five permanent
28	30		directors as provided by Section 49.102, Water Code.
29	31		Sec. 9082.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	32		temporary directors may not hold an election under Section
31	33		9082.0103 until each municipality in whose corporate limits or
32	34		extraterritorial jurisdiction the district is located has
33	35		consented by ordinance or resolution to the creation of the
34	36		district and to the inclusion of land in the district.
35	37		Sec. 9082.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	38		(a) The district is created to serve a public purpose and benefit.
37	39		(b) The district is created to accomplish the purposes of:
38	40		(1) a water control and improvement district as
39	41		provided by general law and Section 59, Article XVI, Texas
40	42		Constitution, including the collection, transportation,
41	43		processing, disposal, and control of domestic, industrial, or
42	44		communal waste and the gathering, conducting, diverting, and
43	45		control of local storm water or other harmful excesses of water; and
44	46		(2) Section 52, Article III, Texas Constitution, that
45	47		relate to the construction, acquisition, improvement, operation,
46	48		or maintenance of macadamized, graveled, or paved roads, or
47	49		improvements, including storm drainage, in aid of those roads.
48	50		Sec. 9082.0106. INITIAL DISTRICT TERRITORY. (a) The
49	51		district is initially composed of the territory described by
50	52		Section 2 of the Act enacting this chapter.
51	53		(b) The boundaries and field notes contained in Section 2 of
52	54		the Act enacting this chapter form a closure. A mistake made in the
53	55		field notes or in copying the field notes in the legislative process
54	56		does not affect the district's:
55	57		(1) organization, existence, or validity;
56	58		(2) right to issue any type of bond for the purposes
57	59		for which the district is created or to pay the principal of and
58	60		interest on a bond;
59	61		(3) right to impose a tax; or
60	62		(4) legality or operation.
61	63		SUBCHAPTER B. BOARD OF DIRECTORS
62	64		Sec. 9082.0201. GOVERNING BODY; TERMS. (a) The district is
63	65		governed by a board of five elected directors.
64	66		(b) Except as provided by Section 9082.0202, directors
65	67		serve staggered four-year terms.
66	68		Sec. 9082.0202. TEMPORARY DIRECTORS. (a) The temporary
67	69		board consists of:
68	70		(1) Harris Allen Reynolds III;
69	71		(2) Elliott Brayshaw;
70	72		(3) Cindy Fields;
71	73		(4) Alene Efaw; and
72	74		(5) Robert Wanninger.
73	75		(b) Temporary directors serve until the earlier of:
74	76		(1) the date permanent directors are elected under
75	77		Section 9082.0103; or
76	78		(2) the fourth anniversary of the effective date of
77	79		the Act enacting this chapter.
78	80		(c) If permanent directors have not been elected under
79	81		Section 9082.0103 and the terms of the temporary directors have
80	82		expired, successor temporary directors shall be appointed or
81	83		reappointed as provided by Subsection (d) to serve terms that
82	84		expire on the earlier of:
83	85		(1) the date permanent directors are elected under
84	86		Section 9082.0103; or
85	87		(2) the fourth anniversary of the date of the
86	88		appointment or reappointment.
87	89		(d) If Subsection (c) applies, the owner or owners of a
88	90		majority of the assessed value of the real property in the district
89	91		may submit a petition to the commission requesting that the
90	92		commission appoint as successor temporary directors the five
91	93		persons named in the petition. The commission shall appoint as
92	94		successor temporary directors the five persons named in the
93	95		petition.
94	96		SUBCHAPTER C. POWERS AND DUTIES
95	97		Sec. 9082.0301. GENERAL POWERS AND DUTIES. The district
96	98		has the powers and duties necessary to accomplish the purposes for
97	99		which the district is created.
98	100		Sec. 9082.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
99	101		POWERS AND DUTIES. The district has the powers and duties provided
100	102		by the general law of this state, including Chapters 49 and 51,
101	103		Water Code, applicable to water control and improvement districts
102	104		created under Section 59, Article XVI, Texas Constitution,
103	105		specifically including the powers and duties authorized under
104	106		Subchapter H, Chapter 51, Water Code.
105	107		Sec. 9082.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
106	108		52, Article III, Texas Constitution, the district may design,
107	109		acquire, construct, finance, issue bonds for, improve, operate,
108	110		maintain, and convey to this state, a county, or a municipality for
109	111		operation and maintenance macadamized, graveled, or paved roads, or
110	112		improvements, including storm drainage, in aid of those roads.
111	113		Sec. 9082.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
112	114		road project must meet all applicable construction standards,
113	115		zoning and subdivision requirements, and regulations of each
114	116		municipality in whose corporate limits or extraterritorial
115	117		jurisdiction the road project is located.
116	118		(b) If a road project is not located in the corporate limits
117	119		or extraterritorial jurisdiction of a municipality, the road
118	120		project must meet all applicable construction standards,
119	121		subdivision requirements, and regulations of each county in which
120	122		the road project is located.
121	123		(c) If the state will maintain and operate the road, the
122	124		Texas Transportation Commission must approve the plans and
123	125		specifications of the road project.
124	126		Sec. 9082.0305. COMPLIANCE WITH MUNICIPAL CONSENT
125	127		ORDINANCE OR RESOLUTION. The district shall comply with all
126	128		applicable requirements of any ordinance or resolution that is
127	129		adopted under Section 42.042 or 42.0425, Local Government Code, and
128	130		that consents to the creation of the district or to the inclusion of
129	131		land in the district.
130	132		Sec. 9082.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
131	133		district may not exercise the power of eminent domain outside the
132	134		district boundaries to acquire a site or easement for:
133	135		(1) a recreational facility, as defined by Section
134	136		49.462, Water Code; or
135	137		(2) a road project authorized by Section 9082.0303.
136	138		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
137	139		Sec. 9082.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
138	140		The district may issue, without an election, bonds and other
139	141		obligations secured by:
140	142		(1) revenue other than ad valorem taxes; or
141	143		(2) contract payments described by Section 9082.0403.
142	144		(b) The district must hold an election in the manner
143	145		provided by Chapters 49 and 51, Water Code, to obtain voter approval
144	146		before the district may impose an ad valorem tax or issue bonds
145	147		payable from ad valorem taxes.
146	148		(c) The district may not issue bonds payable from ad valorem
147	149		taxes to finance a road project unless the issuance is approved by a
148	150		vote of a two-thirds majority of the district voters voting at an
149	151		election held for that purpose.
150	152		Sec. 9082.0402. OPERATION AND MAINTENANCE TAX. (a) If
151	153		authorized at an election held under Section 9082.0401, the
152	154		district may impose an operation and maintenance tax on taxable
153	155		property in the district in accordance with Section 49.107, Water
154	156		Code.
155	157		(b) The board shall determine the tax rate. The rate may not
156	158		exceed the rate approved at the election.
157	159		Sec. 9082.0403. CONTRACT TAXES. (a) In accordance with
158	160		Section 49.108, Water Code, the district may impose a tax other than
159	161		an operation and maintenance tax and use the revenue derived from
160	162		the tax to make payments under a contract after the provisions of
161	163		the contract have been approved by a majority of the district voters
162	164		voting at an election held for that purpose.
163	165		(b) A contract approved by the district voters may contain a
164	166		provision stating that the contract may be modified or amended by
165	167		the board without further voter approval.
166	168		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
167	169		Sec. 9082.0501. AUTHORITY TO ISSUE BONDS AND OTHER
168	170		OBLIGATIONS. The district may issue bonds or other obligations
169	171		payable wholly or partly from ad valorem taxes, impact fees,
170	172		revenue, contract payments, grants, or other district money, or any
171	173		combination of those sources, to pay for any authorized district
172	174		purpose.
173	175		Sec. 9082.0502. TAXES FOR BONDS. At the time the district
174	176		issues bonds payable wholly or partly from ad valorem taxes, the
175	177		board shall provide for the annual imposition of a continuing
176	178		direct ad valorem tax, without limit as to rate or amount, while all
177	179		or part of the bonds are outstanding as required and in the manner
178	180		provided by Chapter 51, Water Code.
179	181		Sec. 9082.0503. BONDS FOR ROAD PROJECTS. At the time of
180	182		issuance, the total principal amount of bonds or other obligations
181	183		issued or incurred to finance road projects and payable from ad
182	184		valorem taxes may not exceed one-fourth of the assessed value of the
183	185		real property in the district.
184	186		Sec. 9082.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
185	187		The district may develop recreational facilities and issue bonds
186	188		for recreational facilities as provided by Chapter 49, Water Code,
187	189		regardless of whether the district's territory overlaps with the
188	190		territory of a political subdivision that is authorized to develop
189	191		recreational facilities and issue bonds for recreational
190	192		facilities under Chapter 49, Water Code.
191	193		(b) The authority of the district to develop recreational
192	194		facilities and issue bonds for recreational facilities under this
193	195		section does not limit the authority of another political
194	196		subdivision whose territory the territory of the district may
195	197		overlap, wholly or partly, to develop recreational facilities and
196	198		issue bonds for recreational facilities under Chapter 49, Water
197	199		Code.
198	200		SECTION 2. The Montgomery County Water Control and
199	201		Improvement District No. 205 initially includes all the territory
200	202		contained in the following area:
201	203		A METES & BOUNDS description of a certain 964.58 acre tract of
202	204		land situated in the Montgomery County School Land Survey, Abstract
203	205		No. 350 & 351, the T. F. Johnson Survey, Abstract No. 299 and the
204	206		Timothy O'Neil Survey, Abstract No. 406 in Montgomery County,
205	207		Texas, being comprised of a called 364.70 acre tract of land (Tract
206	208		1) and a called 336.60 acre tract of land (Tract 2), SAVE AND EXCEPT
207	209		a called 45.98 acre tract of land (Tract 3); PLUS a called 315.26
208	210		acre tract of land (Tract 4).
209	211		TRACT 1: 364.70 Acres
210	212		364.70 acres, more or less, of land, of which 286.5 acres,
211	213		more or less, lies in the Montgomery County School Land Survey,
212	214		Abstract No. 350, 69.2 acres, more or less, lies in the Montgomery
213	215		County School Land Survey, Abstract No. 350, 6.5 acres, more or
214	216		less, lies in the T. F. Johnson Survey, Abstract No. 299, and 2.5
215	217		acres, more or less, lies in the Timothy O'Neil Survey, Abstract
216	218		No. 406, and being the same land as conveyed to Winnie Helen
217	219		Hilliard by partition deed dated July 20, 1957, recorded in Volume
218	220		434, Page 441 of the Deed Records of Montgomery County, Texas; said
219	221		364.70 acres, more or less, of land being more particularly
220	222		described as follows:
221	223		BEGINNING at the Southwest corner of the S. Richardson
222	224		Survey, Abstract No. 460 and the Northwest corner of the T. F.
223	225		Johnson Survey, the Eastern Southeast corner of the Montgomery
224	226		County School Land Survey, Abstract No. 350, a Northeast intra
225	227		corner of the Montgomery County School Land Survey, Abstract
226	228		No. 351, and being Corner No. 1 hereof;
227	229		THENCE, S 00°30' W, 199.3 feet to Corner No. 2 hereof at the
228	230		Southwest corner of the Bahr Capital Interests, Ltd land;
229	231		THENCE, East, 746.4 feet to Corner No. 3 hereof and the
230	232		Second Corner of Tract 2 hereof;
231	233		THENCE, S 51°30' W, 2738 feet to Corner No. 4 hereof and
232	234		Corner No. 1 of said Tract Two hereof, also being in the Northern
233	235		boundary line of a 660 acre tract as conveyed to Winnifred Bender
234	236		Beaman by said partition deed recorded in Volume 434, Page 441 of
235	237		said Deed Records, and also being the Southeast corner of the Doris
236	238		Eugenia Vaughan tract as described in said partition deed;
237	239		THENCE, N 38°35' W, 6268.4 feet to Corner No. 5 hereof and the
238	240		Northeast corner of said Doris Eugenia Vaughan tract in the center
239	241		of the Scott-Herrin Road;
240	242		THENCE, N 47°30' E, 800.4 feet with said Road [Deed (Volume
241	243		434, Page 441) call of N 46°40' E, 759.2 feet] to Corner No. 6
242	244		hereof;
243	245		THENCE, N 70°06' E, 1110.0 feet continuing with said road
244	246		[Deed (Volume 434, Page 441) call of N 68°55' E, 1110 feet] to its
245	247		intersection with the old Bender Tram Line for Corner No. 7 hereof;
246	248		THENCE, S 57°27' E, with said old Tram, 4397 feet [Deed
247	249		(Volume 434, Page 441) call of S 57°12' E, 4397 feet] to Corner No. 8
248	250		hereof in the West boundary line of the S. Richardson Survey;
249	251		THENCE, S 01°12'39" W, 1549.45 feet [Deed (Clerk's File
250	252		No. 2004-021196) call South 01°13' W, 1549.6 feet] along the West
251	253		line of the S. Richardson Survey to the PLACE OF BEGINNING AND
252	254		CONTAINING within these bounds 364.70 acres, more or less, of land.
253	255		TRACT 2: 336.60 Acres
254	256		336.60 acres, more or less, of land, of which 110.5 acres,
255	257		more or less, lies in the Montgomery County School Land Survey,
256	258		Abstract No. 351, and 220.1 acres, more or less, lies in the T. F.
257	259		Johnson Survey, Abstract No. 299, and being the same land as
258	260		conveyed to Winnie Helen Hilliard by deed dated August 3, 1967,
259	261		recorded in Volume 646, Page 935 of the Montgomery County Deed
260	262		Records; said 336.60 acres, more or less, of land being more
261	263		particularly described as follows:
262	264		BEGINNING at Corner No. 4 of the Tract 1 herein, and Corner
263	265		No. 1 hereof;
264	266		THENCE, N 51°30' E, 2738.0 feet to a point for corner in the
265	267		Southern boundary line of said Blanche Bender tract for Corner
266	268		No. 2;
267	269		THENCE, East, 1009.6 feet with the Southern boundary line of
268	270		said Blanche Bender tract to Corner No. 3 hereof on the Western edge
269	271		of the Old Bender Tram Line;
270	272		THENCE, S 28°02' E, with said old Tram and/or road, 4024 feet
271	273		[Deed (Volume 434, Page 441) call of S 28°50' E, 3966.4 feet] to
272	274		Corner No. 4 hereof, on the Western side of said road, and being a
273	275		most Eastern corner of the Doris E. Vaughan 330 acres as described
274	276		in a deed recorded in Volume 646, Page 933 of said Deed Records;
275	277		THENCE, S 52°43' W, 2797.2 feet, [Deed (Volume 434, Page 441)
276	278		call of S 53° W, 2797.2 feet] to Corner No. 5 hereof and being a
277	279		re-entrant corner of the Doris E. Vaughan 330 acre tract;
278	280		THENCE, S 38°30'25" W, 4526.14 feet [Deed (Clerk's File
279	281		No. 2004-021196) call N 38°30' W, 4525.7 feet] to the PLACE OF
280	282		BEGINNING AND CONTAINING within these bounds 336.60 acres, more or
281	283		less, of land.
282	284		TRACT 3: 45.98 Acres
283	285		45.98 acres, more or less, of land situated in the Montgomery
284	286		County School Land Survey, Abstract Number 350, Montgomery County,
285	287		Texas; being the same 45.98 acre tract conveyed to Conroe
286	288		Independent School District by Agreed Final Judgement (Cause
287	289		No. 15-06-06177) dated January 19, 2017 and filed for record under
288	290		Clerk's File No. 2017011000 of the Montgomery County Official
289	291		Public Records of Real Property; said 45.98 acres being more
290	292		particularly described as follows with all bearings based on the
291	293		Texas Coordinate System of 1983, Central Zone:
292	294		BEGINNING, at a found 5/8-inch iron rod (with cap stamped
293	295		"Costello Inc") in the southwest line of said 364.70 acres, for the
294	296		north corner of a called 1.5371 acre tract conveyed to Montgomery
295	297		County Municipal Utility District No. 105 by Special Warranty Deed
296	298		dated December 18, 2013 and filed for record under Clerk's File
297	299		No. 2014010067 of the Montgomery County Official Public Records of
298	300		Real Property and an east corner of the remainder of a called
299	301		692.342 acre tract conveyed to Toll Houston TX, LLC by Special
300	302		Warranty Deed dated October 19, 2012 and filed for record under
301	303		Clerk's File No. 2012103106 of the Montgomery County Official
302	304		Public Records of Real Property;
303	305		THENCE, North 41°42'31" West, 1865.72 feet along the
304	306		northeast line of said 692.342 acres and the southwest line of said
305	307		364.70 acres to a set 3/4-inch iron rod (with cap stamped "Cotton
306	308		Surveying") from which a found 5/8-inch iron rod (with cap stamped
307	309		"VTSM 4070") in the southeast right-of-way of Riley Fuzzel Road
308	310		(width varies) bears North 41°42' 31" West, 667.13 feet;
309	311		THENCE, North 54°48'40" East, 1157.39 feet, departing the
310	312		northeast line of said 692.342 acres and the southwest line of said
311	313		364.70 acres to a set 3/4-inch iron rod (with cap stamped "Cotton
312	314		Surveying");
313	315		THENCE, North 35°11'20" West, 300.00 feet to a set 3/4-inch
314	316		iron rod (with cap stamped "Cotton Surveying") in the southeast
315	317		right-of-way of State Highway 99 (width varies) as recorded under
316	318		Clerk's File No. 2014081107 of the Montgomery County Official
317	319		Public Records of Real Property;
318	320		THENCE, North 54°48'40" East, 150.00 feet along the southeast
319	321		right-of-way of said State Highway 99 to a set 3/4-inch iron rod
320	322		(with cap stamped "Cotton Surveying");
321	323		THENCE, South 35°11'20" East, 1513.02 feet, departing the
322	324		southeast right-of-way of said State Highway 99 to a set 3/4-inch
323	325		iron rod (with cap stamped "Cotton Surveying");
324	326		THENCE, South 54°48'44" West, 14.30 feet to a set 3/4-inch
325	327		iron rod (with cap stamped "Cotton Surveying");
326	328		THENCE, South 38°13'15" West, 273.54 to a set 3/4-inch iron
327	329		rod (with cap stamped "Cotton Surveying");
328	330		THENCE, South 01°17'04" East, 500.95 feet to a set 3/4-inch
329	331		iron rod (with cap stamped "Cotton Surveying");
330	332		THENCE, South 17°49'25" East, 153.77 feet to a set 3/4-inch
331	333		iron rod (with cap stamped "Cotton Surveying");
332	334		THENCE, South 54°48'40" West, 493.76 feet to the PLACE OF
333	335		BEGINNING AND CONTAINING within these bounds 45.98 acres, more or
334	336		less, of land.
335	337		TRACT 4: 315.26 Acres
336	338		315.26 acres of land, more or less of land situated in the
337	339		Thomas F. Johnson Survey, Abstract Number 299 and the Stephen
338	340		Richardson Survey, Abstract Number 460, Montgomery County, Texas;
339	341		being all of a called 320.833 acre tract conveyed to Bahr Capital
340	342		Interests, LTD., Jack K. Leeka and Jack Keith Leeka, Jr. and
341	343		Elizabeth Leeka Albert, Co-Trustees of the Leeka Revocable Trust
342	344		Agreement by Warranty Deed(s) and filed for record under Clerk's
343	345		File No.(s) 2006-003150, 2006-003151, and 2016042187 of the
344	346		Montgomery County Official Public Records of Real Property; said
345	347		315.26 acres being more particularly described as follows with all
346	348		bearings based on the Texas Coordinate System of 1983, Central
347	349		Zone:
348	350		BEGINNING at a point in the west line of said 320.833 acres
349	351		and the east line of a called 364.7 acre tract conveyed to Winnie
350	352		Helen Hilliard, et al (undivided 75% interest) by General Warranty
351	353		Deed dated August 14, 1987 and filed for record under Clerk's File
352	354		No. 8737411 of the Montgomery County Official Public Records of
353	355		Real Property and Bell Endeavors, LTD (undivided 25% interest) by
354	356		Special Warranty Deed dated February 20, 2004 and filed for record
355	357		under Clerk's File No. 2004-021196 of the Montgomery County
356	358		Official Public Records of Real Property;
357	359		THENCE, North 01°53'31" West, 3711.28 feet along the west line
358	360		of said 320.833 acres and the east line of said 364.7 acres to a
359	361		point for the northwest corner of said 320.833 acres and the
360	362		northwest corner of the herein described tract;
361	363		THENCE, North 87°56'56" East, 3444.04 feet along the north
362	364		line of said 320.833 acres to point for the northeast corner of said
363	365		320.833 acres and the herein described tract;
364	366		THENCE, South 04°21'02" East, 3894.25 feet along the east line
365	367		of said 320.833 acres point for the southeast corner of said 320.833
366	368		acres and the herein described tract;
367	369		THENCE, South 87°53'33" West, 3611.10 feet along the south
368	370		line of said 320.833 acres point for the southwest corner of said
369	371		320.833 acres, same being the southwest corner of the herein
370	372		described tract;
371	373		THENCE, North 01°53'31" West, 183.41 feet to the PLACE OF
372	374		BEGINNING, CONTAINING within these bounds 315.26 acres, more or
373	375		less, or land.
374	376		SECTION 3. (a) The legal notice of the intention to
375	377		introduce this Act, setting forth the general substance of this
376	378		Act, has been published as provided by law, and the notice and a
377	379		copy of this Act have been furnished to all persons, agencies,
378	380		officials, or entities to which they are required to be furnished
379	381		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
380	382		Government Code.
381	383		(b) The governor, one of the required recipients, has
382	384		submitted the notice and Act to the Texas Commission on
383	385		Environmental Quality.
384	386		(c) The Texas Commission on Environmental Quality has filed
385	387		its recommendations relating to this Act with the governor, the
386	388		lieutenant governor, and the speaker of the house of
387	389		representatives within the required time.
388	390		(d) All requirements of the constitution and laws of this
389	391		state and the rules and procedures of the legislature with respect
390	392		to the notice, introduction, and passage of this Act are fulfilled
391	393		and accomplished.
392	394		SECTION 4. (a) Section 9082.0306, Special District Local
393	395		Laws Code, as added by Section 1 of this Act, takes effect only if
394	396		this Act receives a two-thirds vote of all the members elected to
395	397		each house.
396	398		(b) If this Act does not receive a two-thirds vote of all the
397	399		members elected to each house, Subchapter C, Chapter 9082, Special
398	400		District Local Laws Code, as added by Section 1 of this Act, is
399	401		amended by adding Section 9082.0306 to read as follows:
400	402		Sec. 9082.0306. NO EMINENT DOMAIN POWER. The district may
401	403		not exercise the power of eminent domain.
402	404		(c) This section is not intended to be an expression of a
403	405		legislative interpretation of the requirements of Section 17(c),
404	406		Article I, Texas Constitution.
405	407		SECTION 5. This Act takes effect immediately if it receives
406	408		a vote of two-thirds of all the members elected to each house, as
407	409		provided by Section 39, Article III, Texas Constitution. If this
408	410		Act does not receive the vote necessary for immediate effect, this
409	411		Act takes effect September 1, 2021.
410		-	______________________________ ______________________________
411		-	President of the Senate Speaker of the House
412		-	I hereby certify that S.B. No. 2182 passed the Senate on
413		-	April 29, 2021, by the following vote: Yeas 31, Nays 0.
414		-	______________________________
415		-	Secretary of the Senate
416		-	I hereby certify that S.B. No. 2182 passed the House on
417		-	May 8, 2021, by the following vote: Yeas 109, Nays 30, two
418		-	present not voting.
419		-	______________________________
420		-	Chief Clerk of the House
421		-	Approved:
422		-	______________________________
423		-	Date
424		-	______________________________
425		-	Governor